📍 Delaware · 2026

How Much Does a Divorce Cost in Delaware?

Real numbers for Delaware — filing fees, attorney rates, contested vs. uncontested costs, county breakdowns, and what you can do to reduce your total.

✓ Filing fee and waiting period verified against current state statutes · Updated August 2026

Filing Fee
$165
Court filing cost
Attorney Rate
$260/hr
Avg in Delaware
Uncontested
$5,000
Avg total cost
Contested
$21,000
Avg total cost
Waiting Period
6 months
Separation requirement
Property Law
Equitable Split
equitable state

📜 How a Delaware Divorce Actually Unfolds

Forms and local rules differ, but the path through a Delaware divorce is fairly consistent:

  1. Initial filing. One spouse files the divorce petition and pays the county's filing fee, which opens the case officially.
  2. Service of process. The other spouse is formally notified and given a defined window to respond to the court.
  3. Disclosure of finances. Both spouses put their income, property, and debts on record — this is usually when costs start to build.
  4. Reaching an agreement. Direct negotiation or mediation resolves the large majority of divorces before trial is ever necessary.
  5. Final decree. Once terms are settled, the court enters judgment and the divorce becomes legally final.

Consider this a general orientation rather than Delaware-specific legal advice — your county self-help center or a licensed local attorney can confirm the current procedure for your situation.

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Divorce Costs in Delaware: The Full Breakdown

The cost of divorce in Delaware ranges from roughly $3,000 for a simple uncontested case to $33,600 or more for a contested divorce that goes to trial. The single biggest factor is not the state — it is how much you and your spouse disagree.

Delaware has a 6-month separation requirement before filing, one of the stricter requirements nationally.

Divorce TypeLow EstimateTypicalHigh Estimate
Uncontested, no children$165$915$5,000
Uncontested with children$3,000$5,000$7,500
Contested, no trial$11,550$21,000$33,600
Contested, goes to trial$33,600$39,900$50,000+
Savings going uncontestedUp to $16,000 per spouse
The most important number The difference between uncontested and contested in Delaware is approximately $16,000 per spouse. That is money that stays in your family rather than going to attorneys.

⚖️ Delaware Filing Fees by County

The court filing fee in Delaware is paid when you submit your divorce petition to the court. This is a fixed, unavoidable cost regardless of whether your divorce is contested or uncontested.

Filing fee note: $165 statewide

New Castle County (Wilmington)$165
Kent County$165
Sussex County$165

💼 Attorney Fees in Delaware

Divorce attorney hourly rates in Delaware average $260 per hour.

How to Reduce Your Divorce Costs in Delaware

📊 Typical Cost Example in Delaware

A Wilmington couple who have been separated for 6+ months and agree on all terms would spend $165 in filing fees and $1,500–$3,500 in attorney costs — total around $1,700–$3,700 for an uncontested divorce.

❓ Frequently Asked Questions: Delaware Divorce Costs

How much does a divorce cost in Delaware?

An uncontested divorce in Delaware typically costs $5,000–$7,500 including the $165 filing fee. A contested divorce averages $21,000–$33,600 per spouse depending on attorney hours and complexity.

What is Delaware's separation requirement for divorce?

Delaware requires spouses to live separately for at least 6 months before filing for divorce. This is a hard requirement — there is no way around it.

How is property divided in Delaware?

Delaware follows equitable distribution. Courts divide marital property fairly based on length of marriage, each spouse's financial situation, and contributions to the marriage.

Can I represent myself in a Delaware divorce?

Yes, for simple uncontested cases. The Delaware courts have self-help resources online and at courthouses.

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Filing fees based on Delaware court records as of July 2026. This is for informational purposes only and is not legal advice.